67 : 62 : 03 : 04 . Discrimination in services prohibited. No center may deny any person equal access to its facilities or services on the basis of race, color, religion, gender, ancestry, national origin, mental or physical illness, or disability unless such illness or disability makes treatment offered by the agency non-beneficial or hazardous. All agencies shall ensure that they comply with the federal Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (September 25, 2008) and the nondiscrimination on the basis of disability by public accommodations and in commercial facilities, 28 C.F.R. Part 36 (March 11, 2011). Referral services shall be provided to individuals not admitted to treatment.

Source: 43 SDR 80 , effective December 5, 2016 .

General Authority: SDCL 34-20A-27.

Law Implemented: SDCL 20-13-1(12) , 20-13-23 , 20-13-23.1 , 34-20A-27 , 29 U.S.C. § 794.